2L-3L Upper Level Lesson Topics

This set of Topics covers subjects typically taught during the second and third years of law school.
Lesson Viewed

Abandonment

This lesson deals with how trademark protection may be lost by abandonment, i.e. the discontinued use of a mark, the licensing of a mark in gross or an assignment of a mark in gross. This lesson is intended to be used as a supplement to the student's course material. It analyzes several issues that arise from the non-use or limited use of a mark, the licensing or assignment of a mark, as well as the considerations that follow the resumption of use of an abandoned mark.

Lesson Viewed

Acquired Secondary Meaning

This lesson builds on the concepts that you may have been introduced to in Professor Robert Lind's lesson on the classification of marks, e.g., generic marks, descriptive marks, suggestive marks, arbitrary marks, and fanciful marks. Specifically, this lesson will concentrate on the validity of a mark for trademark protection purposes when the trademark or trade dress is not inherently distinctive.

Lesson Viewed

Activities Regulated Under Section 404

This lesson was written as a review of the material covered in Chapter 5 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews whether activities such as landclearing, ditching, draining, sidecasting, and deep ripping are regulated as "discharges" of dredged or fill material, and reviews the relationship between the Clean Water Act section 402 permit program and the Section 404 wetlands permit program.

Lesson Viewed

Adjudicative Rules

The purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts. The goal is to contrast so-called "legislative procedures" with "adjudicative procedures," and then to examine the scope and limits of adjudicative authority. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.

Lesson Viewed

Administrative Inspections

This lesson deals with the topic of administrative inspections. Governmental officials conduct inspections in a variety of contexts. Some of these inspections are conducted by the police. Others are conducted by special administrative officials charged only with the task of carrying out certain administrative tasks. As we shall see, the United States Supreme Court has developed special rules governing such inspections. In this lesson, we examine those special rules in depth.

Lesson Viewed

Administrative Law Primer

This lesson was written as a review of the material covered in Chapter 3 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews basic principles of administrative law, including the nature of agencies, limits on agency authority, procedural requirements for agency action (rulemaking and adjudication), and basic principles of judicial review of agency action.

Lesson Viewed

Administrative Searches

This lesson explores the countless "administrative" searches governed by the Fourth Amendment that occur every day without warrants or probable cause, in public schools, jails and prisons, factories and offices, and at vehicle checkpoints and border crossings.

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